State ex rel. Hay v. Alderson
Montana Supreme Court
Original application by the state, on relation of G. R. Hay, for an injunction restraining A. M. Alderson, as secretary of state, from proceeding to refer a certain law to tbe people for adoption or rejection. Order to show cause discharged, and proceeding dismissed. Statement oe the Case.
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Original application by the state, on relation of G. R. Hay, for an injunction restraining A. M. Alderson, as secretary of state, from proceeding to refer a certain law to tbe people for adoption or rejection. Order to show cause discharged, and proceeding dismissed. Statement oe the Case. The thirteenth legislative assembly enacted a measure known as House Bill No. 154, under the title: “An Act establishing a state athletic commission and regulating boxing and sparring in the state of Montana.” (Laws 1913, p. 429.) By approval of the Governor it became a law on March 14, 1913. Within six…
1Opinion of the Court
Opinion:
2Per curiam
1. The relator’s first contention is that the amendment in question is invalid, because not submitted in conformity with the provision of section 9, Article XIX of the Constitution, as follows: “Should more amendments than one be submitted at the same election, they shall be so prepared and distinguished by numbers or otherwise that each can be voted upon separately.”
*403From the language of the amendment itself, from the nature of the functions involved, and from historical considerations, it is possible to view the initiative and the referendum as separable propositions and thus to…
3Cases cited33 opinions
- People ex rel. Elder v. SoursSupreme Court of Colorado · 1903
- Constitutional Prohibitory AmendmentSupreme Court of Kansas · 1881
- State ex rel. Hudd v. TimmeWisconsin Supreme Court · 1882
- Green v. WellerMississippi Supreme Court · 1856
- Hammond v. ClarkSupreme Court of Georgia · 1911
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4Cited by88 opinions
- Chaney v. BryantSupreme Court of Arkansas · 1976
- Kerby v. LuhrsArizona Supreme Court · 1934
- Keenan v. PriceIdaho Supreme Court · 1948
- Ritchmount Partnership v. Board of Supervisors of ElectionsCourt of Appeals of Maryland · 1978
- Gottstein v. ListerWashington Supreme Court · 1915
83 more not listed; retrieve them via the Exa API.